Website blocking injunctions & ISPs

If you believe that someone is infringing your intellectual property rights by using your content on their website, as well as taking action against that infringing party, you may also want to seek an injunction against the internet service provider (ISP) itself. This can require them to prevent customers from accessing the website.

A recent case at the European Court of Justice (UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and another), has increased the chances of the rights holder obtaining an injunction against an ISP.

They can now be considered an ‘intermediary’ whose services have been used to infringe copyright and therefore someone against whom an injunction could be granted.

This is good news for those that want to protect their intellectual property rights, and provides another way to address the issue, should you find infringing material on the internet.